With the recent nationwide rollout of Covid-19 vaccination in Australia it is important to know where the current guidelines stand on vaccinations in the workplace. Employers are now tackling the question of whether or not they can implement mandatory vaccination policies in the workplace. In this article we will canvass the recent updated guidance on […]
The Omnibus Industrial Relations Bill: Things to Know
The Omnibus Industrial Relations Bill (“the Bill”) was introduced in Parliament on Wednesday 3rd February and quickly picked up criticism surrounding key components of the Bill. Set to help revive the economy following the hit of the pandemic, the Bill reforms the Fair Work Act, specifically targeting the operation of the Fair Work Commission, the […]
Lessons That Can Be Learned from The FWC’s Determination That Workers Need to Be Paid Their Ordinary Earnings During COVID-19 Shutdowns
A recent Fair Work Commission (Commission) decision has determined that workers need to be paid their ordinary earnings during COVID-19 related shutdowns, and cannot be forced to utilise their leave. Stevens & Associates Senior Solicitor Luke Maroney, who acted for the union that brought the claim, shares some lessons that can be learned from the […]
Employee or contractor? The Fair Work Commission apply the legal framework in a recent case
A recent decision[i] of the Fair Work Commission has clarified the legal principles which are used by the Fair Work Commission to determine whether a relationship is that of employer and employee or principal and contractor. Background The Worker (the Worker) performed work for a nursing service (the Business). The initial decision concerned whether the […]
Merry Christmas from Stevens & Associates Lawyers!
Stevens & Associates would like to wish you, our valued clients and your families, a safe and happy holiday season. Please note that our office will be closed from Wednesday 23rd December until Monday 4th January. Have a very merry Christmas. We thank you for all your support this year and look forward to working […]
Welcome Luke Maroney to Stevens & Associates Lawyers!
Stevens & Associates is pleased to welcome our new Senior Solicitor, Luke Maroney. Luke comes to us after spending eight years as a trade union official and four years as a solicitor providing advice on employment law and industrial relations matters in the transport, aviation, health and aged care industries. He has worked in both […]
Industrial Relations Reform Update
After a long period of shy and cautious tinkering around the edges, the Federal Coalition Government has given us their first bold foray into major industrial relations reform. On 9 December 2020 Attorney-General and Minister for Industrial Relations, Christian Porter, introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (FW Amendment […]
Full Bench casts wide net for “regular and systematic” casuals protected from unfair dismissal
Periods of casual employment may be more likely to count as service for the purposes of eligibility to bring an unfair dismissal claim following a recent decision by the Fair Work Commission Full Bench (FWCFB). The decision emphasised that the pattern of a casual worker’s hours is not required to be consistent or predictable in […]
Near Maximum Fines for Employer’s “Contrived” Dismissal of Safety Rep
In July 2020, the Federal Court fined an employer and director a total of $60,000 for fabricating the redundancy of an employee after he had lodged complaints with a workplace safety regulator. The employee was successful in his adverse action claim against Melbourne Precast Concrete Nominees Pty Limited (the Company) and its director, after they […]
Covid-19 Update: FWC expands paid pandemic leave until late March
The Full Bench of the Fair Work Commission (FWC) announced that the paid pandemic leave provisions within the three awards applying to aged care workers (the Aged Care Award, the Nurses Award and the HPSS Award) will have their operation extended to 29 March 2021. In it’s decision the FWC noted the recent Covid-19 improvement […]